Texas Child Support Questions & Answers

Q: What can I do if my wife took my daughter out of Texas to California with out my consent.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Answered on May 11, 2018
Matthew Valley's answer
You should visit with local family law counsel for a full consultation. Generally speaking, unless there are orders stating otherwise, a parent married to the other parent is free to take his/her children to different states without consent from the other parent.
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Q: I have court papers drawn up for child custody and in the paper work it says neither parent is allowed to leave

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Answered on May 2, 2018
Fiza Syed's answer
You need to file a petition to modify and have her served.
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Q: How do I get the father of my kids to pay current and back child support?

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Answered on Apr 10, 2018
Matthew Valley's answer
You don't have to wait for the AG to get around to your case. You can go to court and seek an enforcement order yourself. You could also retain an attorney to help you with the process.

Q: I'm getting married soon and my wife wants to adopt my kids but how would we go about it

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Texas on
Answered on Apr 10, 2018
Robert W. Leonard Jr.'s answer
Contact a local family law attorney to work with you on the adoption. The attorney will prepare the appropriate documents for the biological father to sign, and prepare the documents needed for the court.

Your spouse will have to submit to a criminal background check and the court will assign a social worker to conduct a study of your living environment.

The process is pretty simple if the father agrees. If he does not agree or changes his mind, it becomes a lawsuit and you...

Q: My husband and his ex have joint custody. She moved and changed her number in Dec. 2016.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Answered on Apr 8, 2018
Matthew Valley's answer
One can seek enforcement of a custody order even if one has child support arrearages. It would be wise to talk with local counsel before doing so, as a counterpetition seeking enforcement of the child support portion of the order can be filed against him.

Q: My childs mother is moving to new mexico with her boyfriend and is leaving our child with her mother (child grandmother)

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Answered on Apr 8, 2018
Matthew Valley's answer
You would file pleadings asking for modification in the case in which the prior orders were entered.

Q: How should I change court order to keep dad from kidnapping kids and taking out of school? He did it 4 yrs

1 Answer | Asked in Domestic Violence, Child Custody and Child Support for Texas on
Answered on Apr 5, 2018
Kiele Linroth Pace's answer
A person that lives in the woods under these circumstances is probably not going to be deterred by a court order. This is a serious safety concern for you and your children. Report the threatened kidnapping to law enforcement and consult a local family law attorney to determine what, if anything, can be done. Discuss with the attorney the possibility of moving far away and whether that can be done in a manner that does not threaten your custody rights.

Q: The non constodial parent hasn’t seen my son since he was 1yr he’s 5 now. Recently he’s been served for child support

1 Answer | Asked in Child Custody and Child Support for Texas on
Answered on Mar 30, 2018
Matthew Valley's answer
A parent can sign a voluntary relinquishment of their parental rights, but proper pleadings would need to be filed with the court and a judge would have to approve the termination. Because the presumption is that it is in a child's best interests to have two parents, getting such a termination can be an uphill battle. You should find local counsel to discuss this matter with. The State Bar has a Find a Lawyer function that could prove helpful.

Q: DO I have to know my baby’s father address to file for child support?

1 Answer | Asked in Child Support for Texas on
Answered on Mar 26, 2018
Fiza Syed's answer
You would have to know either work or home address to have him served.

Q: I am paying child support to my ex husband for my daughter, but now she lives with me.. Can I get it stop?

1 Answer | Asked in Child Custody and Child Support for Texas on
Answered on Mar 26, 2018
Fiza Syed's answer
You can file an agreed petition to modify (as long as both parties sign ) to stop child support. You can also file a contested one.

Q: If the father of my son is not in the birth certificate but he has his last name can I still get child support .

1 Answer | Asked in Child Support for Texas on
Answered on Mar 25, 2018
Matthew Valley's answer
Neither is a requirement to get child support. If he has not previously been adjudicated the father or properly executed an Acknowledgement of Paternity then a court will have to adjudicate him the father before child support can be ordered. You should be able to contact the Texas Attorney General's office and request their assistance in getting the ball rolling.

Q: how can chiild support stop once rights are terminated?

1 Answer | Asked in Child Support for Texas on
Answered on Mar 24, 2018
Matthew Valley's answer
With some exceptions (applicable in some CPS cases), court-ordered termination of parental rights is also termination of parental duties, including the duty to support. That is because the parent is no longer legally a parent of the child anymore once they have their rights terminated.

Q: Can I put my baby’s father on child support when he turns 18 even if I’m older then him ?

1 Answer | Asked in Child Support for Texas on
Answered on Mar 24, 2018
Matthew Valley's answer
Yes, you can. Just because a parent is under 18 themselves does not mean that they don't have to support their children. Furthermore, the fact that you are older than him doesn't remove this responsibility.

Q: Can you somehow make an illegal immigrant pay child support in Texas?

1 Answer | Asked in Child Support and Immigration Law for Texas on
Answered on Mar 19, 2018
Grant St Julian III's answer
Your sister can proceed with child support enforcement proceedings regardless of the immigration status of her child's father. Contact the Attorney General's office in your area. You may also retain a family law attorney in your area.

Q: is buying a car for your child considered an extracurricular activity?

1 Answer | Asked in Child Support for Texas on
Answered on Mar 17, 2018
Matthew Valley's answer
The Texas Commissioner of Education defines "extracurricular activities" in the Texas Administrative Code:

§76.1001. Extracurricular Activities.

(a) An extracurricular activity is an activity sponsored by the University Interscholastic League (UIL), the school district board of trustees, or an organization sanctioned by resolution of the board of trustees. The activity is not necessarily directly related to instruction of the essential knowledge and skills but may have an...

Q: My son is eighteen years of age,and in the military.I live in Georgia , my son lives in texas. I was wondering if anyone

1 Answer | Asked in Child Support for Texas on
Answered on Mar 16, 2018
P. Justin Thrailkill's answer
You need to consult with an attorney in the state where child support was established to look into terminating it. The terms of your order may be sufficient alone, it just depends on how it is written.

Q: Can my EX use my social security number for child support

1 Answer | Asked in Criminal Law, Child Support and Social Security for Texas on
Answered on Mar 16, 2018
Grant St Julian III's answer
Who was your ex "signing up for child support" with? Did she provide your social security number and represent it as being hers, or did she just provide your number are required information?

Q: I live in FL, but my ex is in TX and I'd like to file for divorce. Is it better to file in TX w/ kids involved?

1 Answer | Asked in Family Law and Child Support for Texas on
Answered on Mar 11, 2018
Terrence H Thorgaard's answer
If your children have been in Florida for at least six months (and you indicate that they have been for two years), because custody needs to be decided you MUST file in Florida. Texas courts don't have jurisdiction.

Q: Can my ex put me on child support for a kid she has said isn’t mine for 3 years and someone else signed the birth cert

1 Answer | Asked in Child Support and Family Law for Texas on
Answered on Mar 10, 2018
Matthew Valley's answer
She can try. If she does you would have the ability to contest the allegations of paternity and request a DNA test. If the kid does turn out to be yours then you should expect some kind of support order to be put in place by a judge.

Q: being sued for child support by a stranger. codes 160.607 and 160.204 are on the paper work. What can we do to stop it?

1 Answer | Asked in Child Support, Criminal Law and Family Law for Texas on
Answered on Mar 6, 2018
Grant St Julian III's answer
This MAY be a clerical error. The court where the case is pending should be listed on the paperwork you received. You should file a written response with the Court, appear as directed, and explain you believe they have the wrong person. I suggest you contact a family law attorney in your area. Good luck.

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